The thinking behind this blog is really simple: The guilty should be prevented from reoffending and the innocent should not be convicted -- not very complex but often not achieved.

The spotlight is also thrown on feral law enforcement

Friday, October 19, 2012

Student is quizzed for eight hours by British police and charged with fraud after headphones he sold on eBay for £140 got lost in the mail

Presumption of innocence? Fuggedaboudit!

A medical student was arrested and held for eight hours, had his fingerprints and DNA taken and his laptop and mobile phone seized – because a pair of £140 headphones he sold on eBay went missing in the post.

Faris Quayum, 24, spent seven weeks living in fear that a conviction would mean the end of his medical career before prosecutors dropped the case at the first court hearing.

Yesterday, Mr Quayum accused the police and prosecutors of a 'scandalous waste of resources' and said he planned to sue Derbyshire Police over his ordeal.

'It was very stressful — a conviction could have spelled the end of my medical career before it has even begun. I have no previous convictions and I find it incredible how much money and resources have been wasted on this case – with Lancashire and Derbyshire police involved, plus my £1,500 legal fees, paid for out of legal aid because I am a student.

'Why would I risk my five-year university course – which costs me around £8,000 a year in accommodation alone – to make just £140? Why would I try to con someone? 'The whole affair is ridiculous. I feel like the victim and I plan to sue the police for what they did.'

Mr Quayum's ordeal began last May when he sold the Beats by Dr Dre headphones to a buyer from Lancashire.

The customer later told him they had not arrived and Mr Quayum, who is studying at St George's, University of London, offered a refund 'three or four times', on the understanding that he would be able to claim the value of the lost item back from Royal Mail himself.

He did not, however, alert the Royal Mail. The buyer refused to accept the offer and two months later two police officers arrived at Mr Quayum's family home in Littleover, Derby, where he was revising for exams.

He said they urged him to 'admit what you have done' and that the matter could be resolved by paying back the buyer. Mr Quayum refused and was charged with fraud. His bank statements were seized along with his phone and computer.

He said: 'Police knocked on my door and told me the matter would be quickly dealt with if I just admitted I'd taken the money and not sent the goods.

'The buyer specifically declined the option of paying an extra £15 to have the headphones sent by special delivery because he only wanted to pay £5 for normal postage.

'I've sold hundreds of items in the past through eBay and never had a problem. I've never ripped anyone off in my life.'

Mr Quayum's ordeal only ended on September 10, when he arrived at Derby magistrates' court to be told that witnesses had declined to make a statement and that prosecutors considered the incident a civil rather than a criminal matter. However, his laptop – containing his coursework – and other belongings were not returned for another five weeks.

A CPS spokesman said: 'Following a review, it was decided that there was no longer a realistic prospect of a conviction.'

An eBay spokesman said it worked with law enforcement agencies when necessary.

Royal Mail spokesman James Eadie said: 'We would always encourage anyone sending items of value, or where confirmation of delivery is required, to use the appropriate tracked service.'

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Dedication

In memory of Fatty Arbuckle, a good and innocent man whose movie career as a comedian was ruined by an opportunistic prosecution. The woman he was accused of murdering almost certainly died of natural causes. He was eventually cleared but the damage was done.

A thought

I love the Mae West story where some judge wearing a robe during the middle of the day, and seated in a high chair peered down and asked her, 'Are you showing contempt for my court?' To which she replied, 'I’m doing my best not to show it, your honor.' Maybe we need to give up trying to not show it."